The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be MetStreight, Abel D.
History
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met
Streight, Abel D.
Secession; United States -- Politics and government -- 1857-1861
A violation of any of the articles of the old confederation was the act
only of the States, as sovereign and independent parties to a contract,
and did not implicate individuals in the crime of _treason_, if acting
_under the sanction_ of such a State. Not so, however, with individuals
under the present constitution, even though acting under the sanction of
particular States; because the present constitution is that of the
_people_ and not of the States as States in their sovereign capacity, for
the _people_ of the States have delegated to a general government, in the
constitution, certain powers, which are taken away from the States, and
cannot, therefore, be exercised by those States without subjecting the
_people_ of the States so exorcising them to punishment for _high
treason_.
To show that eminent statesmen, even before the adoption of our present
constitution, so regarded the principles of the government proposed to be
established under it, we will quote another extract from the "Federalist,"
commencing on page 102 of vol. I:
"If it be possible to construct a federal government capable of
regulating the common concerns, and preserving the general
tranquility, it must be founded, as to the objects committed to its
care, upon the REVERSE of the principle contended for by the opponents
of the proposed constitution. It must carry its agency to the PERSONS
OF THE CITIZENS. It must stand in need of no intermediate legislation;
but must itself be empowered to employ the arm of the ordinary
magistrate to execute its own resolutions. The majesty of the national
authority must be manifested through the medium of the courts of
justice. The government of the Union, like that of each State, must be
able to address itself immediately to the hopes and fears of
INDIVIDUALS, and to attract to its support those passions which have
the strongest influence upon the human heart. It must, in short,
possess all the means, and have a right to all the methods, of
executing the powers with which it is entrusted, that are possessed
and exercised by the governments of the particular States."
An argument against the adoption of our present constitution was urged by
its enemies to prevent its adoption, that it would create a central
government _too strong_--a government _so strong_ as to endanger the
reserved rights of the States. This objection is thus stated and answered
upon pages 106 and 107, vol. I, of the "Federalist:"
Public-domain text, read in full here on John Shaqi.
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